S3938-2011 Actions

• Jan 4, 2012: REFERRED TO CITIES
• Mar 10, 2011: REFERRED TO CITIES

S3938-2011 Memo

BILL NUMBER:S3938

TITLE OF BILL:
An act
to amend the administrative code of the city of New York and the vehicle
and traffic law, in relation to violations for parking in a bicycle lane

SUMMARY OF PROVISIONS:
Paragraph b of section 19-203 of the Administrative Code of the City
of New York is amended to increase the penalty for standing or
stopping in a bicycle lane.

The Vehicle and Traffic law is amended by adding a new section l809-f:
Mandatory surcharge in relation to stopping or standing in a
designated bicycle lane. Monies collected from the surcharge will be
designated to the NYC DOT's Bicycle Safety outreach Program.

JUSTIFICATION:
A congestion/carbon emission-reducing transportation program for New
York City is not unrealistic, however, before implementing such a
plan, a proactive supportive foundation must be in place. New York
City has 270 miles of marked bicycles lanes with approximately 1,000
additional miles proposed through plaNYC and yet, the city's
administrative code does not mention vehicle violations for stopping
or standing in a bicycle lane.

New York City accounts for over 112,000 cyclists daily. A 2006 city
study found that between 1996 and 2005, of the 225 fatalities with
cyclists, 92% involved automobiles. In fact, in one high profile
casualty, the motorist drove along a bike lane not realizing it was a
dedicated bike path. A motor vehicle idling or parked in a marked
bicycle lane intentionally places cyclists in any number of dangerous
conditions, the first being that the cyclist must navigate into
on-coming traffic to circumvent the unlawfully placed vehicle.

This bill amends New York City's administrative code to delineate a
specific $150.00 penalty for stopping or standing in a marked bicycle
lane and New York State's vehicles and traffic law to incorporate the
$30.00 mandatory state surcharge.

LEGISLATIVE HISTORY:
A.11820/S.8745 - Transportation
2010: S.2648 Held in Cities

FISCAL IMPLICATIONS:
Increased revenue for New York City.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S3938-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3938

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 10, 2011
                                 ___________

  Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
    printed to be committed to the Committee on Cities

  AN ACT to amend the administrative code of the city of New York and  the
    vehicle  and  traffic  law, in relation to violations for parking in a
    bicycle lane

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. Subdivision b of section 19-203 of the administrative code
  of the city of New York, as amended by section 2 of part B of chapter 93
  of the laws of 2002, is amended to read as follows:

    b. To provide  for  penalties  other  than  imprisonment  for  parking
  violations,  provided  however, that monetary penalties shall not exceed
  fifty dollars for each parking violation, provided that monetary  penal-
  ties  shall  not  exceed  one hundred dollars for each parking violation
  committed in a space  where  stopping  or  standing  is  prohibited  and
  provided,  further, that monetary penalties shall not exceed one hundred
  fifty dollars for each handicapped parking violation  OR  VIOLATION  FOR
  PARKING IN A BICYCLE LANE;
    S  2.  The  vehicle and traffic law is amended by adding a new section
  1809-f to read as follows:

    S 1809-F. MANDATORY SURCHARGE REQUIRED FOR CERTAIN VIOLATIONS RELATING
  TO PARKING IN A BICYCLE LANE. 1. NOTWITHSTANDING ANY OTHER PROVISION  OF
  LAW,  WHENEVER  PROCEEDINGS  IN  AN  ADMINISTRATIVE  TRIBUNAL OR A COURT
  RESULT IN A FINDING OF LIABILITY, OR CONVICTION FOR A VIOLATION  OF  ANY
  STATUTE,  LOCAL LAW OR ORDINANCE OR RULE INVOLVING THE PARKING, STOPPING
  OR STANDING OF MOTOR VEHICLES IN A BICYCLE LANE, THERE SHALL BE  LEVIED,
  IN  ADDITION TO ANY SENTENCE OR OTHER SURCHARGE REQUIRED OR PERMITTED BY
  LAW, AN ADDITIONAL SURCHARGE OF THIRTY DOLLARS.
    2. THE MANDATORY SURCHARGE PROVIDED FOR IN  SUBDIVISION  ONE  OF  THIS
  SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU-
  NAL  THAT MADE THE DETERMINATION OF LIABILITY. WITHIN THE FIRST TEN DAYS

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04926-01-1

 S. 3938                             2

  OF THE MONTH NEXT SUCCEEDING  THE  COLLECTION  OF  SUCH  SURCHARGE,  THE
  COLLECTING  AUTHORITY SHALL PAY SUCH SURCHARGE TO THE CHIEF FISCAL OFFI-
  CER OF THE COUNTY IN WHICH SUCH VIOLATION OCCURRED OR IF  THE  VIOLATION
  OCCURRED  IN  NEW YORK CITY, TO THE CITY OF NEW YORK, TO BE USED BY SUCH
  CITY FOR THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION'S BICYCLE SAFETY
  OUTREACH PROGRAM.
    S 3. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.